Generative AI is driving a surge in claims before the Fair Work Commission and exposing gaps in outdated employment contracts. Experts say the answer isn’t to ban AI but to use it properly and safely
Australia’s employment law system is bracing for a sharp rise in claims driven by widespread use of generative AI, as workers turn to chatbots for cheap, instant legal help – and HR teams and employers grapple with the fallout.
Carly Stebbing, head of employment law at LEAP Australia, said recent Fair Work Commission guidance reflects how seriously regulators now view AI-generated applications.
“The recent guidance out of the Commission has suggested they’re expecting a 70% increase in claims as a consequence of Gen AI,” she said. “Some of the rubbish that they’re getting filed… completely overwhelmed a HR team with baseless allegations just constantly generated, you know, by whatever [the applicant] was using in the background.”
In one recent matter, Stebbing noted, the Commission was so critical of an AI-padded application with “no prospects of success whatsoever” that it took the rare step of calling for an application for costs against the self‑represented applicant – a clear signal that simply pasting prompts into ChatGPT and filing whatever comes out carries real consequences.
Far from banning AI tools, the Fair Work Commission’s emerging approach is to insist that humans remain accountable for what’s filed in their...
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